Pennsylvania Jury Instruction — DeliberatIgnorancenc— - As Proof Of Knowledge is a legal concept that pertains to the state of Pennsylvania's jury instructions regarding deliberate ignorance as a form of knowledge in criminal cases. This instruction addresses situations where a defendant deliberately chooses to remain ignorant or unaware of certain facts, yet the law considers them to have knowledge of those facts. In Pennsylvania, there are different types of jury instructions related to deliberate ignorance, also known as the "ostrich" or "willful blindness" instruction. Some of these instructions include: 1. Deliberate Ignorance Instruction: This instruction informs the jury that if they find beyond a reasonable doubt that the defendant deliberately chose to remain ignorant of certain facts, they should treat the defendant as if they had actual knowledge of those facts. This allows the jury to attribute knowledge to the defendant even if they claim ignorance. 2. Elements of Deliberate Ignorance Instruction: This instruction outlines the elements that the prosecution must prove to establish deliberate ignorance. It may include elements such as the defendant's awareness of a high probability of a fact's existence, their deliberate avoidance of knowing the truth, and the defendant's knowledge that they were acting wrongfully. 3. Relevance of Deliberate Ignorance Instruction: This instruction explains why the concept of deliberate ignorance is relevant to the case. It may emphasize that the jury should not excuse a defendant's willful blindness or ignorance if they had actual knowledge or if a reasonable person in the same situation would have had knowledge. 4. Burden of Proof Instruction: This instruction clarifies that the burden of proving deliberate ignorance rests on the prosecution. It guides the jury on the level of proof required to establish deliberate ignorance beyond a reasonable doubt. 5. Weighing Deliberate Ignorance as Proof Instruction: This instruction instructs the jury on how to consider deliberate ignorance when evaluating the defendant's guilt or innocence. It may emphasize that deliberate ignorance can be treated as equivalent to actual knowledge if the jury finds all necessary elements are met. Pennsylvania Jury Instruction — DeliberatIgnorancenc— - As Proof Of Knowledge serves the purpose of ensuring that individuals cannot escape legal consequences of deliberately choosing to remain ignorant of crucial facts. By holding them accountable for their deliberate ignorance, the law aims to prevent individuals from intentionally avoiding knowledge to evade criminal liability.
Pennsylvania Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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Doctrine" refers to the rule that juries may find a defendant to have possessed the requisite knowledge for a given crime merely on the ground that he was willfully ignorant of the relevant fact. 4 The Supreme Court5 and all the federal courts of appeals6 have endorsed some version of the willful ignorance doctrine.
Ignorance can appear in three different types: factual ignorance (absence of knowledge of some fact), object ignorance (unacquaintance with some object), and technical ignorance (absence of knowledge of how to do something).
Hertwig and Engel define deliberate ignorance as ?a conscious choice not to seek information or knowledge, especially where acquisition costs are small and potential benefits are large.? Consider the following cases: ? A person takes an HIV test, receives an envelope with the results, but does not open the envelope. ?
There must be a finding of subjective suspicion on the part of the accused. The test is not objective. It does not matter whether the accused "should have", or "normally" would have, known the fact at issue. The determination of wilful blindness is contextual and must be made in "light of all the circumstances".
Ralph Hertwig: To give an example, if somebody takes an HIV test and then decides that they do not want to know the result and has unprotected sex, most of us would consider this to be morally highly problematic. In this case, the person who is deliberately ignorant would accept that they might be harming others.
The ostrich instruction is a jury instruction that the requirement of knowledge to establish a guilty mind (mens rea), is satisfied by deliberate ignorance - deliberate avoidance of knowledge. It arose from the case of United States v. Jewell.
Ignorance or mistake of fact provides a defense to a criminal charge when the mistaken view of the facts is inconsistent with the required criminal purpose. Thus, one who takes and carries away goods of another while believing them to be his own is not guilty of larceny since he lacks the intent to steal.
Deliberate ignorance?the choice not to know?has recently received growing attention in psychology (e.g., Gigerenzer & Garcia-Retamero, 2017; Hertwig & Engel, 2016), economics (where it is often dubbed ?information avoidance?; e.g., Golman, Hagman, & Loewenstein, 2017), neuroscience (e.g., Charpentier, Bromberg-Martin, ...